HENDRY COUNTY PLANNING & ZONING DEPARTMENT POST OFFICE BOX SOUTH MAIN STREET LABELLE, FLORIDA (863) FAX: (863)

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1 HENDRY COUNTY PLANNING & ZONING DEPARTMENT POST OFFICE BOX SOUTH MAIN STREET LABELLE, FLORIDA (863) FAX: (863) MEMORANDUM TO: Hendry County Local Planning Agency FROM: Hendry County Planning & Zoning Department RE: Land Development Code Amendment Establishing a Rural Residential - Wheeler Estates (RR-WE) Zoning District and Supplementary Regulations. DATE OF MEETING: March 20, 2019 BACKGROUND This is a County initiated amendment to the Land Development Code to create a new Zoning District and regulations for the Wheeler Estates Community. The sections in the LDC to be amended include: Chapter 1-53, Zoning, specifically, Section , Establishment of Districts; Section , Land Use Classifications; Table 53-1, Table of Use Regulations; Section Agricultural Transitional District; Creating a New Section , Wheeler Estates Development Standards; and Table 53-2, Table of Dimensional and Density Regulations. The proposed amendments are a result of a Land Use Study funded by the Community Planning Technical Assistance Grant ( Grant ) administered through the Department of Economic Opportunity ( DEO ). With the assistance of Waldrop Engineering, there have been five (5) community meetings that have established the community s vision and guided the development of Comprehensive Plan and Land Development Code amendments. There are three (3) actions as the result of the land use study. One is a comprehensive plan amendment to create a new Future Land Use Category and related policies, two is to create Land Development Code regulations specific to the overall Wheeler Estates. The 1

2 third action is to rezone the parcels currently zoned A-3 and RG-1 to a new zoning district Rural Residential Wheeler Estates (RR-WE). Current Zoning Districts Wheeler Estates consists of five (5) zoning districts including: Agricultural Transitional (A-3), limited areas of Residential Low Density (RG-1), High Intensity Commercial (C- 3), Light Industrial (I-1), and General agriculture (A-2) zoning districts. The nonresidential lands comprise 226+/-acres approximately 1% of Wheeler Estates. The Agricultural Transitional (A-3) zoning district was established specifically for the Wheeler Estates development in 2003 and is codified in LDC Section of the Hendry County LDC. The zoning district includes cumbersome vesting and access provisions that have limited development within the community. The zoning district also limits agricultural uses to horticulture, floriculture, silviculture, and viticulture, i.e. the keeping of livestock for non-commercial or commercial purposes is prohibited. Commercial uses permitted include convenience commercial and general commercial by special exception approval. Light industrial uses are also permitted via the special exception process. The Residential Low Density (RG-1) district is similar to the A-3 zoning district but has different development standards in terms of lot sizes and setbacks and does not allow for any agricultural uses. Analysis Pursuant to the proposed LDC Sections and , the proposed RR-WE zoning district is intended for lands shown on Exhibit A. The zoning district and supplementary regulations are attached as Exhibit B and establish a comprehensive set of community-specific development standards for both residential and nonresidential uses in the community. The regulations also provide more flexibility in terms of allowable agricultural uses and set forth performance standards for non-residential uses that correlate to the locational criteria in the companion future land use category. Key changes are as follows: LDC Section Revised to Delete Agricultural Transitional District to be replaced with the title Wheeler Estates and adding the applicability, permitted uses and prohibited uses. Permitted Uses. Uses permitted within Wheeler Estates shall consist of single-family residential dwellings, accessory structures, and small-scale agricultural uses that are accessory to permitted residential uses. Limited, neighborhood-scale nonresidential uses, institutional uses, and recreational uses are permitted subject to the provisions set forth herein. Prohibited uses. In accordance with Table 53-1, residential development in the RR-WE zoning district is limited to single-family homes. Mobile homes and RVs as living quarters are specifically prohibited in this district. 2

3 LDC Section is a new section titled Wheeler Estates Development Standards that includes minimum design standards that uphold the rural residential character of the area; clarification of infrastructure/access requirements; and, community notification requirements for new development proposals. Such performance standards require non-residential uses to be located on improved roadways (Wheeler Road, 10 th Place, 2 nd Place or 16 th Terrace); require PUD rezoning process; and apply minimum design standards that enhance and protect the rural character, including building material requirements, landscaping, and signage limitations. A table is included in the supplementary regulations section to provide the flexibility for the keeping of non-commercial livestock in the RR-WE zoning district. The table specifies the maximum number and type of animal(s) allowed based upon property acreage. Table Dimensional and Density Regulations Development standards will remain largely the same as the current A-3 and RG-1 zoning district. Key changes include the reduction of minimum lot size to 1.1 acres to recognize the minimum vested lot size in the community, and the increase of minimum dwelling unit size from 800 square feet to 1,000 square feet. Consistency with Comprehensive Plan The companion Comprehensive Plan Amendment seeks to re-designate lands within the Study Area to Wheeler Estates future land use category to provide a more appropriate and flexible range of uses for this rural and predominantly residential community. The proposed LDC amendments are consistent with and complimentary to the companion Wheeler Estates future land use category, and the intent of the Hendry County Comprehensive Plan as a whole. Recommendation Conduct a public hearing and make a recommendation to the Board of County Commissioners to adopt the LDC amendments as proposed. Exhibits A Proposed Zoning Map B Proposed LDC Amendments 3

4 Wheeler Rd. Wheeler Rd. State Hwy 80 ² LEE COUNTY HENDRY COUNTY LEE COUNTY 16th Ter HENDRY COUNTY 15Th St E 13Th St E 12Th St E 10th Pl Joel Blvd E 8Th St Proposed Zoning A-1 A-2 C-2 Sentinella Blvd C-3 I-1 Columbus Blvd PUD Sunrise Blvd Mcarthur Blvd LEE COUNTY HENDRY COUNTY RG-2 RG-2M RG-3M RR RR-WE WHEELER ESTATES PROPOSED ZONING MAP 0 1,000 2,000 4,000 6,000 Feet

5 EXHIBIT B Sec Zoning map. No change. Sec Zoning districts. Chapter ZONING Establishment of districts. For the purposes of this chapter, the following zoning districts are hereby established for use within the county: A-1 Agriculture/Conservation A-2 General Agriculture A-3 RR-WE Agriculture Transitional Rural Residential Wheeler Estates RR RR-F RG-1 RG-1M RG-2 RG-2M RG-3 RG-3M RG-4 Rural Residential Rural Residential Farm Residential/Low Density Residential/Low Density Mobile Home Residential/Medium Density Residential/Medium Density Mobile Home Residential/High Density Residential/High Density Mobile Home Residential/Multifamily C-1 Convenience Commercial C-2 General Commercial C-3 High Intensity Commercial I-1 Light Industrial Wheeler Estates LDC Amendment 2/7/2019 Page 1 of 13

6 I-2 Heavy Industrial PUD DSAP RDSAP Planned Unit Development Detailed Specific Area Plan Rural Detailed Specific Area Plan *************************************************************************************************** Land use classifications. For the purpose of this chapter, the following land uses and activities shall be permitted in the respective districts as provided in table 53-1 (Table of Use Regulations) in section , below. The following definitions are hereby established: Animal, 4-H means an animal raised on a temporary basis as part of the 4-H youth program administrated by the National Institute of Food and Agriculture of the U.S. Department of Agriculture. Animal, domestic means any dog, cat, or other historically domesticated companion animal. Animal, domestic farm for household use means any animal, other than a domestic animal as defined herein, which is normally raised for breeding, harness, riding, food, milk, eggs, or wool for personal consumption. Animal, commercial means animals raised for commercial purposes. *************************************************************************************************** Sec Zoning districts Table of use regulations. Table 53-1 lists the principal uses which will be permitted on a parcel or lot in the zoning districts established in this chapter. No person or other entity may place a structure or conduct an activity, or allow a structure or an activity to occur, on land within any zoning district in the county when such use is not a use permitted by right within that zoning district as set forth in table 53-1, except that a structure or activity may be allowed by special exception granted pursuant to the provisions of chapter 1-51 in a zoning district where such structure or use is shown as a use permitted by special exception in table 53-1, and except that a use which is permitted in a zoning district county-wide by a specific provision of this code shall be allowed pursuant to that provision notwithstanding table All uses must comply with section , Airports.

7 TABLE TABLE OF USE REGULATIONS Zoning Districts Land Use or Activity A- 1 A- 2 A-3 RR- WE RR R R- F RG -1 RG - 1M RG -2 RG - 2M RG -3 RG - 3M RG -4 C- 1 C- 2 C- 3 I- 1 I-2 (a) Agricultural uses. (1) Agriculture P P P/4 P/1 P S S S P P (2) Agricultural processing S S P P (3) Agricultural worker housing S (4) Hunting camp P P (b) Residential uses. (1) Boardinghouse and roominghouse S S (2) Community residential home, major P P (3) Community residential home, minor P/ 3 P/ 3 P/3 P/3 P/ 3 P/3 P/3 P/3 P/3 (4) Mobile home P P P P P P P S (5) Mobile home park S/2

8 (6) Multifamily dwelling P (7) Single-family dwelling P P P P P P P P P P (8) Townhouse dwelling P (9) Two-family dwelling P (10) Mixed use development P/2 P/2 P/ 2 P/ 2 P/ 2 (11) Nursing home/aclf S S (c) Commercial uses. (1) Convenience commercial S S 5 S S P P P S P (2) Entertainment establishment S S (3) General commercial S P P S S (4) High-intensity commercial S P S S (5) Professional service or office 5 P P P P P (6) Recreational vehicle park S S

9 (7) Pain management clinic S (8) Medical marijuana treatment center dispensing facility (d) Industrial uses. (1) Auto salvage/junkyard P (2) Light industry S P P (3) Heavy industry S P (4) Warehousing/distrib ution S P (5) Mining P/ 2 P/ 2 (e) Public, and semipublic uses. and civic uses (1) Airport/private landing strip S S S S (2) Broadcast tower P P S S S S P P (3) Conservation P P P P P P P P P P P P P P (4) Essential public utility P P P P P P P P P P P P P P (5) General recreation S P S S S S S S S P P P P P

10 (6) Heavy recreation S S (7) Institution S S S S S S S S S S S S S S (8) Neighborhood recreation P P P P S S S P P P P P P (9) Public service/public utility S S S S S S S S S S S S S S Use not permitted in this district. P S Use permitted by right in this district. Use permitted by special exception in this district. P/1 Use permitted subject to provisions of section P/2 Use permitted by planned unit development in this district subject to provisions of section S/2 Mobile home park by special exception in RG-3M district only. P/3 P/4 5 A minor community residential home must have a minimum separation of 1,000 feet from another minor community residential home and shall provide the planning and community development department with a list and location of all licensed facilities in the county to ensure the 1,000 feet separation is met. Agriculture Agricultural uses in the A-3 RR-WE district are permitted in accordance with Section d limited to horticulture, floriculture, silviculture, and viticulture. Use allowed by planned unit development in the RR-WE district subject to the provisions of section No change No change No change.

11 No change No change Agricultural transitional district. Rural Residential Wheeler Estates zoning district. Applicability. The Rural Residential - Wheeler Estates (RR-WE) zoning district shall apply to those parcels formerly zoned agricultural transitional (A-3) and RG-1 as set forth on the Hendry County Zoning Map, and generally located in the west one-half of Sections 6, 7, 18, 19, 30, and 31, Township 44 South, Range 28 East, Hendry County, Florida. Those parcels located within the aforementioned Sections, Township and Range that are zoned agriculture, industrial and general commercial shall remain in those zoning districts, but may be rezoned to RR-WE by the property owner. Permitted Uses. Uses permitted within Wheeler Estates shall consist of single-family residential dwellings, accessory structures, and small-scale agricultural uses that are accessory to permitted residential uses. Limited, neighborhood-scale non-residential uses, institutional uses, and recreational uses are permitted subject to the provisions set forth herein. Prohibited uses. In accordance with Table 53-1, residential development in the RR-WE zoning district is limited to single-family homes. Mobile homes and RVs as living quarters are specifically prohibited in this district. The agricultural transitional district was established specifically for the Wheeler Estates development. The minimum lot size for the agricultural transitional district is five acres, unless the lot received a vested rights determination as a nonconforming lot of record for a lot size less than five acres, or it is one of the 771 lots remaining as of October 22, 2013, which is less than five acres and did not receive a vested rights determination. The lots smaller than five acres remaining as of October 22, 2013, without a vested rights determination are listed in exhibit A to Ordinance No The lots may be used for the placement of single-family homes provided that setbacks and other requirements of the district shall conform to the regulations established herein. Residential development in this district is limited to single-family homes. Mobile homes are specifically prohibited in this district. In order to receive a building permit to construct a single-family home in the Wheeler Estates development, the property owner must provide evidence with the building permit application that he/she: 1) has legal access to the property from a public road, and 2) will construct a private driveway in accordance with county specifications unless and until a private road is required to provide access to the property, and 3) will participate in a private road agreement with other landowners to construct a private road to county specifications when development warrants such construction, and 4) that the lot (a) is at least five acres in size, (b) previously received a vested rights determination or (c) is on the list of lots vested by way of Ordinance No Further, the property owner must comply with any applicable requirements set forth by the Florida Department of Environmental Protection, the South Florida Water Management District, and/or the East County Water Control District regarding appropriate drainage facilities for the property.

12 (b) Applicability. The provisions of this section shall apply in the west one-half of Sections 6, 7, 18, 19, 30, and 31, Township 44 South, Range 28 East, Hendry County, Florida. The zoning established by Resolution Number 81-18, approved April 14, 1981, Ordinance No , approved January 22, 2002, and Ordinance No , approved September 23, 2002, remains in effect Wheeler Estates Development Standards. (a ) Minimum access requirements. In order to receive a building permit to construct a single-family home in the Wheeler Estates zoning district the property owner must be able to access his or her parcel by way of 1) a private driveway utilized by no more than three residential parcels meeting the specifications in Sect (b) or 2) a private road meeting the specifications in Sect (a) except paving of the road will not be required. Private roads shall be constructed by the joint efforts of the owners of the residential parcels served by the road or, in the event the affected owners will not or do not construct the private road, the County shall, if it possesses easement rights over all necessary lands, construct the private road and specifically assess the owners of the residential parcels served by the road for the costs to construct and maintain the road. (b) Minimum drainage requirements. The property owner must comply with any applicable requirements set forth by the Florida Department of Environmental Protection, the South Florida Water Management District, and the Lehigh Acres Municipal Services Improvement District regarding appropriate drainage facilities for the property. (c) Residential use standards. Residential uses shall be the principal use in the RR- WE zoning district. Construction and design standards shall comply with all applicable regulations in the LDC unless superseded herein. (d) Non-residential use standards. The following standards apply to all development, redevelopment and expansion of existing and permitted non-residential development within its boundaries, unless otherwise specified. (1) Locational criteria. Non-residential uses must be located on improved roadways meeting the standards set forth in Section (a) and must have direct access to one of the following roadways: Wheeler Road, 10 th Place, 2 nd Place, or 16 th Terrace. (2) Planned unit development rezoning or special exception required. All nonresidential development must be reviewed and approved through the Planned Unit Development rezoning process or special exception process. (3) Design standards. Commercial buildings shall utilize materials that reflect the rural character. i. Building materials. Traditional building materials, such as cedar, clapboard siding, masonry, stone, brick, wood, or other materials that achieve the same

13 quality in appearance are acceptable. Aluminum, corrugated metal, and shipping containers are prohibited. ii. Building color. Building colors must be neutral, warm earth tones or subdued pastels. Brighter colors may be utilized on doors, windows, trim, and architectural details. The use of black and primary colors is limited to trim. Neon and fluorescent colors are prohibited. (4) Landscape buffers. All non-residential development must provide a 15 -wide Type B landscape buffer along private and/or public roadway/easement frontages, in accordance with Chapter 1-58, Article III. The clustering of trees and shrubs may be permitted. (5) Signage. Each parcel shall be allowed one (1) freestanding, ground sign not to exceed 32 square feet in sign face area and eight (8) feet in height, and one (1) of the following sign types, not to exceed 16 square feet in sign face area: projecting, wall, or marquee. Electronic and messaging signage is prohibited. (a) Agricultural use standards. New, non-commercial agricultural uses that are accessory to principal single-family residential uses may be initiated on parcels zoned RR-WE, subject to the following provisions: (1) Existing commercial agricultural uses on RR-WE zoned properties may be continued, until such time as the use is discontinued for a period of one (1) year or more. (2) Permitted uses include the keeping of domestic farm animals for household use, green houses, and gardens. These uses shall only be permitted as an accessory use to the residential use. (3) Domestic farm animals for household use only, may be kept on parcels of any size in the RR-WE zoning district, provided that the number of animals on a parcel may not exceed the number set forth in the table below. The following list is not cumulative for each parcel with the exception of poultry, and hogs, which are permitted for each parcel regardless of size. For example, a 1.25-acre parcel is permitted a maximum of one (1) horse or cow, two (2) hogs and ten (10) poultry. A 2.5-acre parcel is permitted one horse and one (1) cow, four (4) hogs, and fifteen (15) poultry. On parcels not exceeding 1.25 acres: Allowed per additional 1.25 acres: (no fractional calculations permitted) (1) Horses, donkeys or mules 1 1

14 (2) Cows 1 1 (3) Hogs 2 2 (4) Goats and/or sheep 5 3 (5) Poultry 10 5 (6) 4-H animals, as defined in this chapter, are not subject to these restrictions. (b) Notwithstanding any other part of this section, the following shall apply to the keeping of domestic farm animals in the RR-WE zoning district: (1) All animals shall be properly enclosed on the property. (2) All animals shall be fed, watered, and cared for in a humane and proper manner. (3) The keeping of animals under this subsection shall not be done in a manner which creates a common law nuisance. (4) Animal waste shall not be allowed to remain on the premises in amounts which cause a health or environmental hazard. (c) Public participation. Sec No change. (1) The owner or agent applying for the following types of approvals that are within or nearby the community, as determined by the Planning & Community Development Director, must conduct one (1) public information meeting prior to being scheduled for public hearing(s): a. Comprehensive Plan Amendments b. Planned unit development zoning actions. c. Conventional rezoning actions. d. Special exceptions. (2) Public information meeting requirements. The applicant is responsible for providing the meeting space and providing notice of the meeting. Hendry County Staff must be notified and in attendance. Sec Dimensional and density regulations Table of dimensional and density regulations. Table 53-2 sets forth criteria for minimum lot sizes, front, side and rear setback requirements, lot dimensions, and minimum square footage for dwelling units and maximum building heights for the location of structures within the several zoning districts established in this code. Except as specifically allowed

15 elsewhere in this code, no structure may be hereafter built, located, or erected in any zoning district on a lot which does not meet the minimum lot size or minimum lot dimensions set forth in Table 53-2 for the respective zoning districts, or which is located closer to a lot line than the minimum setback distances set forth in Table 53-2 for the respective zoning districts, or which has fewer than the minimum square feet of living area (dwelling units only, not including porches, sheds or garages) or which exceeds the maximum building heights set forth in Table Mobile homes, when allowed in a zoning district, must have a minimum of 500 square feet of floor space as manufactured. All structures must comply with section , Airports. TABLE TABLE OF DIMENSIONAL AND DENSITY REGULATIONS Minimum Setbacks Minimum Lot Dimensions District/Use Minimum Lot Size (1) Front (feet) Side (feet) Rear (feet) Width (feet) Depth (feet) Cover (percent) Maximum Building Height (feet) Minimum Dwelling Size (square feet) Minimum Mobile Home Size (square feet) A-1, all uses 20 acres A-2, all uses 5 acres (2) A-3 RR-WE, Residential Uses (3) Lot not less than acres, ,000 A-3 Agriculture Uses 1 acre RR-WE Non Residential Uses (3) 1 acre % RR: Flaghole 1 acre Pioneer Plantation 2 acres Fort Denaud 2 acres

16 Big Oak Acres Units 1 and 2 5 acres All others 2 acres RR-F: Montura 1.10 acres RG-1 and RG-1M, all uses 1 acre RG-2 and RG-2M: a. Single-family dwelling or mobile home 21,780 sf b. All other uses 1 acre RG-3 and RG-3M: a. Single-family dwelling or mobile home 7,500 sf b. All other uses 1 acre RG-4: a. Single-family dwelling 7,500 sf b. Two-family dwelling 10,000 sf c. Townhouse dwelling: Interior unit 1,500 sf End unit 2,500 sf d. Multifamily 1 acre

17 e. All other uses 1 acre C-1, all uses 10,000 sf C-2, all uses 10,000 sf C-3, all uses 10,000 sf I-1, all uses 10,000 sf I-2, all uses 10,000 sf PUD See section DSAP See section RDSAP See section Notes: (1) Minimum lot size for individual use. Overall residential density and minimum lot sizes may vary pursuant to pertinent provisions of the comprehensive plan and LDC. (2) Existing recorded parcels within the agriculture future land use category which are less than the minimum five (5) acre lot size for residential uses are considered "vested" for residential uses as of January 1, The lots must meet the other provisions of the land development code. (3) Setbacks shall be from the road right-of-way, easement, or property line, whichever is more restrictive Dimensional measurements. No change No change. Sec PUD district. No change. Sec Supplemental regulations. No change. Sec DSAP district. No change Sec Rural DSAP district. No change